A Case Analysis About Patent Misuse Of Technical Standards Leading To Monopoly

Intellectual property protection in China has carried out three decades. These three decades, compared to dense development of intellectual property protection of developed countries, is indeed a relatively short history; however, in this just a few decades, from "The People's Republic of China Patent Law" promulgation and implement and the very beginning of the first patent application case received to the application of the first 1 million, it cost 15 years; from the first million to the admissibility of the second million, it took four years; the third million took only 2 years; the occurrence of the fourth million case of application took only one year from the third million. The high speed of Chinese protection of intellectual property in legislation and implement scale has drawn attention of scholars domestic and abroad. However the historical path of development is similar no matter it took place in which country, doubts and difficulties in protection of intellectual property confronted by developed countries, now has been or will be fixed in the Legislative session or enforcement sectors to solve in China.Carried out by the thrust of this article is the application of《anti-monopoly law》to circumvent the patent and technical standards associated with lead to abuse of market dominance, market competition on the activity of damage phenomena. On this topic, electronic communications sector and legal academics are deaf issued by vibration of the sound, this article want to briefly talk about our country, the United States, the EU took place in order to abuse of market dominance abuse of intellectual property cases, and then a brief introduction of China's intellectual property rights legislation and the implementation of background, from the perspective of philosophy of law of intellectual property protection of natural and rationality, for what is "technical standards", and in the current scientific and technological development, technical standards and patent rights will be the ways in which cutting issues, will be held in the third chapter and fourth chapter discussed in detail. Chapter V will be according to the U.S. and the EU's statute and case law experience to discuss how China can use "anti-monopoly law" to regulate technical standards, interwoven in the patent misuse that led to abuse of dominant position in the relevant market while in the fight against market players the implementation of patent protection, ranging from bold abuse of patent rights to encourage market players in order to obtain illegal interests.It needs mature markets and mature participants. First of all, a country or region which reaches the need to address intellectual property protection confronted by this problem is not a spontaneous mission, it requires the national and regional market economy to reach a certain level of activity and the need for the main competition in the market, in other words in a competitive market, the company has a large number of patents-only economic activity, science and technology reached developed level in countries or regions will face this problem; secondly, when a franchise is detailed enough to be intertwined with the technical standards for this stage, for the knowledge Property legislators and law enforcement agencies, the need they have a decent level and experience, science, electronic technology has a good educational background and level of understandingBased on the above thinking, this article begins from the cases as Cisco v. Huawei etc, analyzes the possibilities of people abuse legitimacy of intellectual property,patents and technical standards would lead to monopolization of the market, find a balance between the possibilities and seek appropriate solutions Export. The article is divided into five chapters.The first chapter introduces technical standards and intellectual property are intertwined facts of the case and the verdict raises the topic of this article, that is interwoven in the technical standards, patent misuse leading to monopoly.Chapter II outlines the three decades of China's intellectual property protection and implementation of demonstration from the perspective of philosophy of law the legitimacy of intellectual property rights.The third chapter describes the types of technical standards, technical standards and the formation of a variety of situations.Chapter IV analyzes the patent and technical standards interwoven a variety of situations of abuse and its consequences. Cases of actual and justice at home and abroad with the status quo, Yu Wei of China's anti-monopoly regulation provides a theoretical basis for such cases.Chapter V analyzes how to use the existing "anti-monopoly law," Regulation of technical standards and patent rights lead to a monopoly when intertwined phenomenon.